16.04.130 Use of exemptions.

A. Each department that receives an application or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. The Town will normally identify whether an action is categorically exempt within ten working days of the date of submission of a complete application and checklist. If a proposal is exempt, the procedural requirements of this chapter shall not apply to the proposal. The Town shall not require completion of an environmental checklist for an exempt proposal.
B. In determining whether a proposal is exempt, the department shall make certain the proposal is properly and fully defined and shall identify all governmental approvals required (WAC 197-11-060 ). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency for the nonexempt action, even if the application that triggers the department’s consideration is exempt.
C. For proposals that include both exempt and nonexempt actions, the Town may authorize initiation of the exempt action prior to compliance of the nonexempt action with this chapter, except in the following cases:
1. The Town shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have a probable significant adverse environmental impact; or
c. Any action that would limit the choice of alternatives under environmental review.
2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the associated nonexempt action(s) were not approved.
3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by an applicant when the expenditures would serve no purpose if the associated nonexempt action(s) were not approved. (Ord. 01-412 §1 (Exh. 1 (part)), 2001)